Hamidullah (Guantanamo Bay detainee 1119)
| place_of_birth = Kabul, Afghanistan | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 1119 | group = | alias = Hamidullah Haji Hamid al Razak | charge = No charge | penalty = | status = Still held in Guantanamo | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Hamidullah is a citizen of Afghanistan currently held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internee Security Number is 1119. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1963, in Kabul, Afghanistan. As of March 26, 2010, Hamidullah has been held at Guantanamo for six years four months. Background According to a widely republished Associated Press article: Sketches of Guantanamo detainees-Part I, Associated Press, 15 March 2006 * ...was accused of having ties to Hezb-e-Islami Gulbuddin * ...claimed he had been imprisoned by the Taliban, and had escaped and had been living as a refugee in Pakistan. *...blamed his capture on false denunciations prompted by his support for the return of former King Zahir Shah Combatant Status Review Tribunal s were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor.Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, 11 November 2004 - mirrorInside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, 11 December 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Hamidullah Haji Combatant Status Review Tribunal on 12 November 2004. The memo listed the following allegations: Transcript Hamidullah chose to participate in his Combatant Status Review Tribunal. | title=Summarized Unsworn Detainee Statement | pages=pages 89–101 | publisher=United States Department of Defense | author=OARDEC | date=date redacted | accessdate=2009-02-23 | quote= }} Hamidullah's orange uniform Hamidullah's Tribunal officers asked him to explain why he was wearing an orange uniform—the uniform issued to Guantanamo captives regarded as "non-compliant". Habeas petition 05-cv-1691 Several petitions of habeas corpus were filed on Hamidullah's behalf, including 05-cv-1601 and 05-CV-1691. mirror mirror mirror In September 2007 the Department of Defense published the unclassified dossiers arising from the Combatant Status Review Tribunals of 179 captives. The Department of Defense published 37 pages from his Tribunal. On December 2, 2006 one of Hamidullah's habeas corpus hearings stirred controversy when the Bush administration tried to prohibit attorneys from contacting him. Tribunal panel 12 convened on 13 December 2004 and confirmed his "enemy combatant" status. Detainee election form His Personal Representative met with him for 43 minutes on 11 December 2004. His Personal Representative's notes state: : Administrative Review Board hearings | pages= 1 | author=Spc Timothy Book | date=Friday March 10, 2006|accessdate=2007-10-12 }}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board hearning A Summary of Evidence memo was prepared for Haji Hamidullah's first annual Administrative Review Board on 5 August 2005. The two page memo listed ten "primary factors favoring continued detention" and one "primary factors favoring release or transfer". The following primary factors favor continued detention The following primary factors favor release or transfer Transcript Hamidullah chose to participate in his Administrative Review Board hearing. Summarized transcript (.pdf), from Haji Hamidullah's Administrative Review Board hearing - page 242 Second annual Administrative Review Board hearning A Summary of Evidence memo was prepared for Haji Hamidullah's second annual Administrative Review Board on 26 March 2006. The following primary factors favor continued detention The two page memo listed eight "primary factors favoring continued detention" and two "primary factors favoring release or transfer". The following primary factors favor release or transfer Transcript In September 2007 the Department of Defense published a sixteen page summarized transcript from the unclassified session of his second Administrative Review Board hearing. Enemy Combatant election form Hamidullah's Assisting Military Officer reported on the notes from the Enemy Combatant election form completed on 4 April 2006. They met for sixty minutes for a pre-hearing interview. His Assisting Military Officer described him as "very cooperative and attentive" during the interview. HIG identification Hamidullah explained that for refugees in Pakistan to receive food aid they needed to have an ID card. Militia groups, like the HIG, issued ID cards. Possessing one of these cards did not imply membership in the militia. He estimated that more than two milliion refugees had been issued HIG ID cards. Habeas corpus 05-cv-1601 Civil Action No. 05-cv-1601 was re-initiated in late 2008. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On 12 June 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror Protective order On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Hamidullah. mirror References External links * The Guantánamo Files: Website Extras (12) – The Last of the Afghans (Part Two) Andy Worthington * Who Are the Remaining Prisoners in Guantánamo? Part Eight: Captured in Afghanistan (2002-07) Andy Worthington Category:Afghan extrajudicial prisoners of the United States Category:Afghan refugees Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Prisoners of the Taliban Category:Year of birth uncertain Category:1963 births Category:People from Kabul